Outline of the Law on Defence Industrial Security and Classified Military Information in Turkish Defence Industry
The Law 5201, Defence Industrial Security Law, dated 29.06.2004 is the principle document regulates the Turkish defence industry and set forth the legal framework of all classified military agreement, information, documentation, project, purchase, sell, manufacturing, research and development, storage of material or services, facilities to conduct those activities related to defence industry excluding the staff of and the facilities belong to Turkish Armed Forces.
In Turkish defence industry, the “security classification” refers to classification and nomenclature of the information, documentation and material which is objectionable to disclose it as a common knowledge in terms of the interests of the national security depending on their severity of “top secret”, “confidential”, “privileged” and “service specific”
As the law defines, the “classified information, documents and materials” refers to information and materials including cryptographic and atomic information and materials, confidentiality record with all types of grade content , written and oral communication media, messages, documents and weapons, ammunition, vehicles and parts and components thereof, with all kinds of materials, such as equipment, software and hardware and; the “Classified Project” refers to the project in need of defence and classified information containing all kinds of war weapons , tools and equipment with the purchase and sale of the important and critical subsystems and components, research and development with all types of production activities, the study of services and infrastructure facilities and activities related the whole and; the “Person Need to Know” refers to a person who holds Personal Security Clearance and solely has the task and responsibility of knowing and using classified information documents and materials and; the “Personal Security Clearance” refers to document which provides access for the location and facilities where the classified information, documents and materials exist and; the “Facility Security Clearance” refers to a document that indicates the appropriate protection measures are provided considering the external environmental exposures in terms of physical security of classified information, documents and materials in a facility and the “Authority” refers to Ministry of Defense.
Pursuant to the article 4 of the Law, the Authority should cooperate and coordinate with other public institutions and organizations to fulfill its mission under the following principles:
- All applications under Law No 5201 shall be made in writing directly to the Authority
- All security investigations and archive researches to be provided upon request of the Authority are conducted by the National Intelligence Organization, General Directorate of Police or the Local Civil Administration, in accordance with the regulations and the results are reported directly to the Authority.
- The Authority requests the opinions of Ministry of Interior, Ministry of Foreign Affairs, General Staff, Ministry of Industry and Trade and other relevant institutions for some certain issues depending on the scope and nature of the applications.
- In order to ensure the central monitoring of defense industrial security activities, the Authority is informed about defense industrial security activities within the scope of NATO projects by the North Presidency of Atlantic Treaty Central Committee
- Organizations operating under the defense industrial security activities should only implement their privileged defense industrial security regulations after the approval of the Authority.
The procedures of determination, marking, transfer, storage, modification of security classifications for defense industrial information, documents and materials and the trainings in this scope are regulated by regulations by taking the approved resolutions of Multinational Defense Industrial Security Working Group and bilateral cooperation agreements into consideration.
The Law requires Personal Security Clearance for each person and Facility Security Clearance for each facility to receive the classified information, documents and materials from the Authority and no information, project or material is allowed to be delivered or disclosed without holding such clearances. The sale or transfer of a classified information, documents, materials, projects to any third countries or persons except those set out in agreements are only possible in accordance with the principles stated below:
- If provided from abroad in scope of a agreement, the provisions of the agreement apply.
- In case of development and produced domestically it is subject to Law on Supervision of Industrial Organizations Manufacturing Military Equipment, Weapons, Ammunition and Explosives.
- The agreement provisions shall apply in NATO projects.
Pursuant to article 8 of the Law, individuals and legal persons subject to the provision of the Law must take the necessary physical protection measures in their facilities according to the Law No 5188, Private Security Law dated 06.10.2004.